بسم الله الرحمن الرحيم
Q: A man comes to Mecca at night (during the month of Ramadan) and in the morning has sexual relations with his wife, while he and she are fasting, what is the ruling concerning this?
A: The man and his wife who came to Mecca to perform the lesser pilgrimage (umrah) and they do so during the night, then the morning hours come while they are fasting, and during that day they have sexual relations, there is nothing made binding upon them except the making up of that day. This is because it is permissible for the traveler to break his fast, regardless if he breaks it by eating, drinking, or sexual relations, due to the fasting of the traveler not being obligatory. Just as Allah says:
فمنْ كان منكم مريضًا أو على سفرٍ فعدَّةٌ من أيَّامٍ أخر
“…so whoever among you is sick or on a journey, then his time is made up from other days…” [Al-Baqarah: 184]
As for the man who has sex with his wife in their place of residents during the daytime hours of Ramadan while both are fasting, five matters result from this:
- A sin.
- Ruining of the fast.
- The obligation of refraining from whatever breaks the fast for the remainder of the day.
- Making up that day.
- Expiation, and it is either; freeing a slave, and if he can not find one; fasting two consecutive months, and if he is unable; feeding sixty poor people.
Translated by Abu Abdil Waahid Najeeb Ibn Yusuf Al Anjelesi
Source: فتاوى في أحكام ألصيام